CREDIT AGREEMENTCredit Agreement • April 25th, 2023 • Kennedy Lewis Capital Co • New York
Capitalized terms used in these recitals and in the preamble shall have the respective meanings given to such terms in Section 1.1 hereof.
SALE AND CONTRIBUTION AGREEMENT between KENNEDY LEWIS CAPITAL COMPANY, as Seller and KLCC SPV GS1 LLC, as Purchaser Dated as of April 20, 2023Sale and Contribution Agreement • April 25th, 2023 • Kennedy Lewis Capital Co • New York
This SALE AND CONTRIBUTION AGREEMENT, dated as of April 20, 2023 (as amended, supplemented or otherwise modified and in effect from time to time, this “Agreement”), between KENNEDY LEWIS CAPITAL COMPANY, a Delaware statutory trust, as seller (in such capacity, the “Seller”) and KLCC SPV GS1 LLC, a Delaware limited liability company, as purchaser (in such capacity, the “Purchaser”).
Certain portions of this document have been omitted pursuant to Items 601(b)(10)(vi) of Regulation S-K and, where applicable, have been marked with “[***]” to indicate where omissions have been made. A copy of any omitted portion will be furnished...Non-Recourse Carveout Guaranty Agreement • April 25th, 2023 • Kennedy Lewis Capital Co • New York
This NON-RECOURSE CARVEOUT GUARANTY AGREEMENT (this “Agreement”) is entered into as of April 20, 2023 (the “Closing Date”), by Kennedy Lewis Capital Company (the “BDC”), a Delaware statutory trust (the “Guarantor”), in favor of (a) State Street Bank and Trust Company, as collateral agent (together with its successors and assigns in such capacity, the “Collateral Agent”) for and on behalf of the Secured Parties (as defined in the Credit Agreement referred to below), and (b) Goldman Sachs Bank USA and its affiliates that are successors and assigns, as Lender, Administrative Agent and Calculation Agent (each as defined in the Credit Agreement referred to below) (in such capacities, “GS”).
